Papurau Newydd Cymru

Chwiliwch 15 miliwn o erthyglau papurau newydd Cymru

Cuddio Rhestr Erthyglau

41 erthygl ar y dudalen hon

the ATTACK ON the [ EDITOR…

Newyddion
Dyfynnu
Rhannu

the ATTACK ON the [ EDITOR OF THE WESTERN siail." Police-court PROCEEDINGS. THE fcATCHELORS CONVICTED. )( 4t Cardiff Police-court on Wednesday (before > Vttfpy, the Mayor (Dr. Jones), Alderman j)00e8> Dr. Paine, Mr. Griffith Phillips, and Mr. b Price), two young men named Cyril tchelor and Llewellyn Batchelor were charged tb assaulting Mr. Lascelles Carr, editor of the 1f Mail, on Tuesday, the 27th of July last. • Robinson Smith, of Swansea, appeared for the and Mr. David, barrister (of the tord Circuit), for the defence. The court was ero.ded during the hearing of the case, which pjted considerable interest. 14r.liobinson Smith, in opening the case, said he PPeared on behalf of Mr. Lascelles Carr, who re- at Penarth, near that town, to prefer a rge of assault against Mr. Cyril and Mr. T^ellyn Batchelor. The charge was that on ^Qevlayf the 27th of July last, at about eleven in the morning, Mr. Carr was coming from train at the Great Western Station, having come train from Penarth, and, while passing down the he was suddenly struck from behind without '1rord of warning. Immediately after the blow was Mr. Carr turned round, and as he turned "J*8 struck with a whip, he believed, across the ilders or back. He at once seized with one rfm the whip in the hand of the person assaulting 1111. and a struggle occurred, and whilst that /j^Bgle was going on Llewellyn Batchelor, the nd defendant, came up. As Mr. Carr fell to 1. e ground with the other defendant this e*ellyn Batchelor commenced beating him with •tick. At that moment a gentleman came up d seized hold of Llewellyn Batchelor, and a moment the struggle went on with toI Batchelor and Mr. Carr. Eventually the bip Was taken out of Cyril Batchelor's band. 4bout that moment Mr. Carr had taken off his coat had said words to this effect-U I am quite Spared for either of you, one up and one down rnlle on, I am ready for you, and, gentlemen, if you jj. be good enough to form a ring, the j*tter can be decided." It did not suit Cyril belor to continue the contest, and after he got out of the hands of the gentleman had hold of him he went to the of the crowd and disappeared. The j^nd Batchelor did attempt to continue affray, hut it was prevented by the people q^.re> who expressed the feeling that it was not fair for two to go at one. That 11 the assault which they complained of. b: Put it as the broadest proposition that could put that there was no justification, 110 ?ne of the main reasons why there could be 0f, justification for a breach of peace and of the public at large was that the gentle- who might have felt himself aggrieved had his ^JBedy, an(j migbt pursue it, and the very reason 1^ defamation of character was punished by the lhe Was b0CaU3e it tended to create a breach of jj, peace. A paragraph had appeared in the ^ith^ reflecting upon, or, rather, dealing h» the character of the late Mr. John Batchelor ^ould say at once, frankly, that, personally, he fitted that that should have appeared 1 was also the feeling of Mr. Carr. y t it must always be borne in mind » although it might be said that in 6»h Pafagraph, and in the letter which accom- °f some attack was made upon the memory that ac* man» 7et it must not be forgotten that phi/.Tery same thing had been said, and had been "'jshed years ago by the Western Mail itself,during v*ufetime of Mr. Batchelor, when he was quite of taking care of himself. No inquiry *tever had been made of Mr. Carr, or, so far H they were aware, of any single person :0 the employ of the Western Mail, as "t. that paragraph or the author of Il Carr would tell them that he let not the author of either the paragraph or the *• He would tell them that, as a part of his to had seen the paragraphs, and had objected tbe eIn, and had given certain orders respecting but he would emphatically deny Of he was the author in any way in question. Why the Messrs, Ca^ or should have plotted an attack upon Mr; ^Qu- ?nc* 'a*n 'n wait f°r him without first t>»ra whether he was the author of the »»y £ raPh to which they objected he could not could understand and give all regard to \tld Indly and reverent filial feelings of the sons 0t, tbf the thing which was done had been done e Rpur of the moment, and by one of them, c°Uld that one facing the* assailant, he J* have understood the position, but lo^j it was delayed until the Tuesday fol- tjjg when it was two to one, and when bou assailant came from behind them, then he was 8tan<iing there in his professional tijfjcity, that if that was proved to the bench y would necessarily find that the defendants been guilty of a cowardly and das- tb dly assault. In conclusion, he expressed e regret he experienced at having to Ppear on that occasion, and said that he was spared to say that if that matter could be ^icably arranged between the parties, not only (j*0self, but Mr. Carr, would be willing to do so. put it in that way so that he might tl* as emphatically as he could that in was no sort of vindictive feeling *elfVe Pr°secution on the part of Mr. Carr or him- thei' an.the matter could be fairly adjusted, object would be gained. mafcr Davidsaid he had absolutely no remark, to e with regard to that. Smith then called Plain Lascelles Carr, who said: I am the com- l'u Illant in this case. I reside at Penarth, and on tfain the 27th uit., I came up from Penarth by a?to the Great Western Station, arriving there Of tr°ut ten minutes past eleven. As I passed out tha 8talion I followed the wall on the inside of otu^b-stand, and then crossed diagonally to the in e,r sIde of the road. It was whilst. I was cross- the middle of the road that I was struck 1 "rn behind. I had not seen anyone at that time. ""as struck on the top of the head, and my hat w knocked off. At first I thought only my hat knocked off, but, after the excitement had off, in the afternoon I found a lump on the head. I dropped the bag I was carrying tljj turned round, and seized the man by the Ujg with one hand and the whip with Wither. It was an ordinary hunting whip, Mia*11 attached. Up to that moment nothing clever had been said to me. In the course of one of the two defendants said, We Batchelor's sons." I don't know which it I had nerver seen them before. That was lbe in respon to a question of mine. I asked It In who they were, and what they were doing. the elder one (Cyril) that I took hold of. had a struggle, and I did not see the e^nd one until the struggle bad pro- f6]j 6(i some time. In the struggle we both I did not notice the second person while I aa the ground. I think we got up together. II P w we both fell together. (Laughter.) After 0{ ?up I still had hold of Mr. Batchelor. Some tysf 8 cr0W(i separated us. I then saw the other When I was struggling with the elder attention was diverted by the other attack- with a stick on the side, and I had to dodge *hile I tackled the elder man. I can't say tin., e struck me, but he was striking at me quite to me. The whip that was in the elder hand was wrested from him by some one crowd. Then he went away. A gentleman W Murray took the other in charge. this time I had become a good deal excited, and .°ff my coat saying that if the gentlemen were ton 6V6(^ would give them satisfaction in .Usual way. They both wanted to come on at ce but the crowd would not let them. Shortly aiyay. I know of a paragraph which Peared in the Western Mail with reference to John Batchelor on the 27th of July, and of jitter which accompanied it. That epitaph and Mn were not w"tten by me or under my instruc- I had seen it before its insertion. I had it in manuscript. I gave instructions rrding it, but they were not fully carried out. |/>ave not been asked to supply the name or the of that paragraph by anyone connected Mr. John Batchelor's family. ^oss-cxamined by Mr. David: You have been *7 obliging before. Perhaps you will be obliging IU* and give us the name of the writer of that W £ eraph. Va'py: Certainly not. It has nothing to do the case. r. David: I submit it has been made part of .Case, and I am entitled to ask the question. Valpy: I hold you are not.. I (to the witness): Do you, as a public 1e and editor of the Western Mail, rely upon a tj^pObjeetion and refuse to answer that ques- n? Smith: It is my objection, not Mr. Can's. Itnl lloess: I have no objection to give the name, ifehT* Mr. Smith does. It is entirely in Mr. Smith's Is- Valpy: I cannot see how it can affect the M ht alh David: It will affect his seriously after the in which the case has been opened. 6lgTr' Smith: You can obtain the information 11( "here if you will apply for it. David: Are you the editor of the Western aL ?-Yes. d as such you saw what you now know to be •^noxious epitaph ?—I saw the suggested is the complaint you make against these j, young men ? jjjr- Valpy: That appears from the summons. In David to witness: What do you complain of .induct of these young men ?—I complain ln^ j coming in a cowardly way and striking Of 'fom behind without giving me an opportunity w?tting my hands up. Hu.uat was the serious assault which was com- upon you?—In the first place I had a Of r* on the top of the head with the butt end ^hip, then I was struggling in the middle of rOad with a young and vigorous man for j^i minutes. tlth^ou complain of being injured?—I say that, the?*8h I <ji(j notj notice it in the excitement of fonlJ50rning, when I got home in the evening I ct a large bruise on the top of my head. *V6tvat do you mean by the evening 'i—Well, the after tlie morning. (Laughter.) *chool boy can tell us that. Mr. Valpy: What is the object of those ques- tions ? Mr. Carr: I should think to make himself ridiculous. Mr. David: Will you tell us the time you dis- covered you had been injured ?—After five o'clock. Then it is not correct as opened that you dis- covered it at three o'clock.—I did not hear that stated. Did you see the Western Mail for the next morn- ing?—I did. Did you see this paragraph, that Mr. Carr was absolutely uninjured?—I did not see it in the morning paper. I saw it in the edition of the afternoon. Why did you allow that to be published if it was untrue ?—I was suffering from a good deal of excitement, and did not take any part at the office that evening. Were you not anxious that the whole matter of the alleged assault should be made as public as possible next day ?—I was anxious that a lying statement which appeared in the Echo should be corrected. The witness, further examined, said he in- structed his solicitors to write to the proprietors of the Echo threatening them with an action for libel. His object in publishing a copy of bis soli- citors' letter to them was to correct the statement that had appeared. You have told us you were sorry you took your coat off. How soon did you become sorry ?—When I found they would not fight. (Laughter.) Then it is not a matter of regret at the present moment at having set a bad example to others that caused you to say that ?—No. In fact you thought it quite the proper thing to have done, Mr. Carr, do you ?—It is what I should do under the same circumstances again. There were no police about. Do you know a correspondent named Pen- dragon who has been commenting upon this p- I have that pleasure. Had you observed this from his pen—that he considered the young Mr. Batchelora would have been wanting in reverence to their father and pluck as men if they had not vindicated the character of their dead parent ?—Yes. Did that go in with your approbation ?—It went in with my consent. Are your consent and approbation one and the same thing ?— No, not at all. I think you and the late Mr; Batchelor were not what may be called bosom friends ?—I never had any quarrel with him except on public grounds. And in a public print, the Western Mail, you were always as complimentary to him as it was possible for any man to be ?—We were political opponents. Were you a severe critic of his ?—Yes. And for a long period of time before he died ?— Yes. Mr. Valpy: When did he die? Mr. David: In May, 1883. The learned counsel asked Mr. Carr whether he thought the paragraph in question libellous. Mr. Smith objected to the question. Mr. David: I want to show whether this gentle- man is entitled to come here to be believed. (To the witness): Have you had any experience in actions for libel ? Have you figured as defen- dant in any such actions?—Very seldom. You generally settle these little matters?— Whenever I can without the law. (A laugh.) May I take it you have generally from time to time said many exceedingly exasperating things about the late Mr. Batchelor ?—I said, in answer to you just now, I was a strong political opponent of Mr. Batchelor's. I did criticise strongly many of his acts. May I suggest vindictively or maliciously ? I give you the choice of the two terms.—No, cer- tainly not. Never consciously. The Western Mail had expressed disapprobation at the proposal of the Town Council to provide a site for the erection of a statue to Mr. Batchelor. Did you speak of them as fawning sycophants and nincompoops ?—I never used those terms. Mr. David was proceeding to question the wit- ness as to the supervision he exercised over the letters of our esteemed correspondent, 'Censor, which appeared in the Western Mail, when Mr. Valpy interposed, and said he could not see how it could affect the case. Mr. David asked the witness whether he thought the term traitor was a proper one to use of a dead man, and added: Supposing that had been published of your father, would you not feel sufficiently exasperated to take sharp measures upon it ?—I have already said that I am not the author of the letter or the epitaph, and they con- tain expressions I am sorry for. You allowed it to pass your hands ?—It did pass my bands. But those expressions were not used with my sanction. Having the responsibility of passing matter through your hands, I should like to know some- thing about you. How long have you been in Cardiff ?—Eighteen years. Trying to teach through your paper the highest lessons of morality i—Trying to get a living. Then, teaching morality occupies a second place ?—I have to earn a living as a professional man like yourself. Then, strict morality in your paper occupies a second place ? Mr; Smith objected to the question as being irrelevant. Mr. David submitted that ho was entitled to inquire as to the witness's antecedents in order to ascertain his credibility. Mr. Valpy: Within certain limits which I know very well, and shall keep you to: Mr. David: Then, the morality of the paper is outside the limits. To the witness: Is greater respect paid for morality in your private life than in your paper? Mr. Smith again objected. Mr. Valpy (to Mr. David): This is hot at all a proper cross-examination. You are not entitled to put questions of that kind; Mr. David Then, it shall pass by: In answer to further questions, complainant said he had heard that Mr; Batchelor was at one time Mayor of Cardiff and subsequently chairman of the School Board. Mr. David: When the late Mr. Batchelor retired from business do you know that his friends of all shades of political opinion subscribed a handsome testimonial for him ?—Complainant: I have heard a great deal about that testimonial which it would not be respectful to his memory to mention. Are you aware that a handsome testimonial was subscribed ?—I have been told there was, and that it was lost directly afterwards. Mr. David was proceeding with other questions, when Mr. Valpy again stopped him, and Mr. David rejoined that he was sorry tho bench took such an extremely strong view of the matter. Mr. David (to witness): Amongst all the things you have published about the late Mr. Batchelor. have you ever published a syllable about his virtues ?—Witness When he died I think there was a fair and appreciative biography published in the Mail. Samuel Augustus Tylke said: I was in the neighbourhood of the Great Western Station just after eleven o'clock on Tuesday morning. I saw Mr. Carr coming from the direction of the station. I saw Mr. Carr's hilt, struck off. The blow came with the right hand, striking the hat off towards the station. There appeared to be another blow, but I am not quite sure. Mr. Carr quickly turned round and collared the man. I believe it was the one with the beard. I saw in Mr. Batchelor's hand at the same time what appeared to me to be a stick. Mr. Carr caught hold of him by the coat with one hand and with the other hand took hold of the arm that was holding the stick, and one apparently tried to strike and the other to ward off. They struggled together, and in the meantime I saw the other brother stopped by Captain Murray. He seemed as though he had made some attempt to strike a blow. They both fell down, and when they got up Mr. Carr took his coat off, and then the crowd closed round, and I saw nothing more. Captain David Murray said: I reside at Cardiff. I came over by the train from Penarth on Tues- day. I was on the side walk, about eight or ten yards off. I confirm what Mr. Tylke has said. so far as it goes. I saw Mr. Llewellyn Batchelor strike Mr. Carr from behind while Mr. Carr was struggling with the other man. Mr. Cyril Batchelor had a whip in his hand. Mr. Llewellyn Batchelor had hold of Mr. Carr, and I had some difficulty in getting him away. I could not tell which end of the whip was being used 1 think it was the handle. My whole attention was directed to the purpose of seeing fair play and taking away the other man. Mr. Smith here stated that he had several more witnesses to call to prove the assault, but, as Mr. David had intimated to him that he did not intend to cross-examine any more, he would dispense with them, and that would close the case for the prosecution. Mr. David, who said he intended calling no witnesses, having addressed the bench for the defence, The magistrates rose to retire. Mr. David stated that he proposed at an early day to lay an information against Mr. Carr with regard to the libel. The Bench: That has nothing to do with this case. Having retired for nearly half an hour, the magistrates returned into court. Mr. Valpy said: We have carefully considered the evidence given, and have come to the conclu- sion that the assault was one of a somewhat trivial nature. The assault was the result of very great provocation. No words of mine are strong enough to express the feelings of myself and brother magistrates at the words of this so-called epitaph. They are calculated to arouse the strongest feelings of resentment in the sons, and they would naturally smart under the imputations upon their father's character; That being the case, the Bench have come to the con- clusion not to inflict a severe penalty. But some penalty must be inflicted, to mark a sense of the impropriety of people taking the law into their own hands. Speaking for myself, I think it is hardly fair to attack one man by two men armed with weapons. That rather precludes the possibility of dismissing the case. The Bench are of opinion that the case will be properly met with a fine of Is." No order was made as to costs.

Advertising

THE GRANGETOWN TOLL QUESTION.

FATAL PRIZE FIGHT NEAR PORTH.

FATAL BOATING AND BATHING…

EXTRAOKDINARY CHARGE AT SWANSEA.

Advertising

TERRIBLE EXPLOSION AT CARDIFF…

FOUNDERING OF A VESSEL IN…

SMACK HUN DOWN AND TWO LIVES…

SERIOUS ACCIDENT NEAR SHEFFIELD.

Advertising

HORRIBLE MURDER ON THE HIGH…

PECULIAR CASE AT CARDIFF.

A MEMBER OF PARLIAMENT FINED…

LAUNCH OF A NEW GUNBOAT.

LORD LONSDALE AND THE ACTRESS.

----CARDIFF NATURALISTS' SOCIETY.

DEATH OF MR. RAWDON B. POWER,…

THE BURIAL OF LISZT.

1DEPARTURE OF THE NEW IRISH…

UNIVERSITY COLLEGE OF NORTH…

MILFORD RAILWAY COMPANY.

LLANWONNO SCHOOL BOARD. 1

THE KENTISH TOWN MURDER. I

SUDDEN DEATH IN CHAPEL AT…

COLLIERY EXPLOSIONS NEAR DOWLAIS.

THE QUARREL AMONGST GIPSIESI…

THE CROFTERS' AGITATION.

! SERIOUS FIRE IN LO-NDON.…

INTERFERENCE WITH THE POLIO…

THE FATALITY ON THE MUMBLES…

COLLIERY ACCIDENT NEAR TENBY.

ALLEGED SERIOUS WOUNDING AT…

BANKRUPTCY EXAMINATION AT…

THE LIVERPOOL PRIZE FIGHT.I

THE GENERAL ELECTION.

TRINITY COLLEGE, LONDON.

SPIRIT OF THE WELSH PRESS.

THE AUGUST NUMBER OF THE NATIONAL…

Advertising